Justice MattersJustice Matters A publication from the Maryland Judiciary Vol. 7, Issue 3 November 2003

insideinsideinsideinsideinside

Normally, courthouses around the state are inhabited by citizensand professionals who are conducting business with the courts. Uponoccasion, a school, community group or organization will visit a court-house, observe cases, and learn about the court system. On October23, members of the General Assembly, state and local public offi-cials, business leaders and the media attended a special statewideevent to gain an inside look at the court system.

“I think it’s very helpful to give people in elective office an oppor-tunity to have exposure to the court system,” said Delegate AnnMarie Doory (D.-43). “To see some of the day-to-day difficultiesthat they face. Not just legal issues and court dockets, but the prob-lems that litigants have when they come to court.”

The 2003 Judicial Ride-Along Program was a tremendous suc-cess. The record number of participants (around 80) spent the dayin more than 20 courthouses conversing with judges, lawyers andcourt officials, observing a variety of court cases, asking meaningfulquestions and expressing real and timely concerns.

It was an “excellent opportunity to [learn] all the benefits to thecommunity that the courthouse has,” said Harry Shasho, President

Local government officials, business leaders, media also participate

cont. on p. 8

A Judiciary task force has been created to review the laws, practices and proce-dures governing bondsmen and bail bonds, and to make recommendations forimprovement. The decision to form a task force stems from a report of the internalauditors, which indicates weaknesses in several areas. One of the anticipated changesis the automatic referral of information on suspected abuse or violation of the rules tothe appropriate administrative agency or prosecutor for enforcement action.

“The Judiciary’s audit staff alerted me to potential deficiencies in the current sys-tem,” said Court of Appeals Chief Judge Robert M. Bell. “These deficiencies havehampered our ability to monitor bail bonds effectively and to ensure compliance with

Task Force to ExamineMonitoring Bail Bond System

Legislators Ride-Along with Judiciary

cont. on p. 14

L-R: Baltimore Councilman Melvin Stukes,Baltimore City Circuit Court JudgeEllen M. Heller, Councilman NicholasD’Adamo, Jr.

New District Court Chief Clerk ....2Baltimore Circuit Court ................... 3NAWJ .................................................. 5Court Reporters ................................. 6Awards ............................................. 11E-filing .............................................. 14

Courthouse Treasures ..................... 15

2

editorial board

Judge Dennis M. SweeneyChairman, Howard CountyCircuit Court

Judge William H. Adkins, IIITalbot County District Court

Judge Jean Szekeres BaronPrince George’s County DistrictCourt

Judge Ralph M. BurnettGarrett County District Court

Judge William O. CarrHarford County Circuit Court

Sandra Dalton, ClerkFrederick County Circuit Court

Valerie Dawson, Court ReporterWicomico County Circuit Court

Judge James R. EylerCourt of Special Appeals

Judge Marcella A. HollandBaltimore City Circuit Court

Michael Miller, DirectorMaryland State Law Library

Diane Pawlowicz, Asst. Chief Clerk,District Court

Judge Emory A. PlittHarford County Circuit Court

Sally W. RankinCourt Information Officer

Judge Russell Sadler, Howard CountyDistrict Court, Retired

Judge Gail J. SchafferAnne Arundel CountyOrphan’s Court

staffMary Brighthaupt, designerF Todd Silver, editorPhotos by Media Department unless

otherwise noted.

Justice Matters is published quarterly.We welcome your comments or ideas.Contact us at:Court Information Office361 Rowe BoulevardAnnapolis, Maryland 21401Tel: 410.260.1488info@courts.state.md.us

Rosenthal Appointedas New Chief Clerkof District Court

cont. on p. 7

Joseph Rosenthal, Administrative Clerk for Harford County, has been named byChief Judge James N. Vaughan as the new Chief Clerk of the District Court. Rosenthalwill assume the position of Chief Clerk upon the retirement of Patti Platt inJanuary 2004.

“I have every confidence that Joe will continue the District Court’s tradition ofinnovation and dedication to providing the highest quality of service,” said ChiefJudge Vaughan.

Rosenthal began his service with the Maryland Judiciary as a fiscal administrator in1990. In 1995, he moved from the circuit court’s auditing team to become the chiefinternal auditor of the District Court, a position on the Chief Judge’s executive staff. Aschief auditor, he was responsible for the auditing of the court’s more than 40 locations

throughout the state and was involvedin many of the decisions in the opera-tions of the court.

In December 2001, Rosenthalassumed the responsibility of Admin-istrative Clerk for Harford County,where he placed considerable effortin improving the efficiency and effec-tiveness of the office throughenhancing communication and train-ing. Rosenthal, who earned hisBachelor of Science degree from theUniversity of Baltimore and was hon-orably discharged from the UnitedStates Marine Corps after three yearsof service, will officially assume the

role of Chief Clerk of the District Court on Jan-uary 24, 2004—the same day his predecessor,Patti Platt, started with the courts 32 years ago.

“I have the highest respect for Patti; for allher accomplishments and the advancements thatshe has made for the District Court,” saidRosenthal. “I’d like to continue the high stan-dard that’s been established, especially the qualityof service provided by the hard working em-ployees who ensure that everyone gets a fairshake in the courts.”

“I have every confidence

that Joe will continue the

District Court’s tradition of

innovation and dedication

to providing the highest

quality of service.”

-Chief Judge Vaughan

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Judge Holland Presides overBaltimore City Circuit Court

On November 8, JudgeMarcella A. Holland becamethe new administrative judgefor Baltimore City CircuitCourt. Judge Holland wasappointed to the position byChief Judge Bell after JudgeEllen M. Heller announcedthat she would not seek re-appointment when her termended on November 7th.

“I am absolutely delight-ed that Judge Holland has agreed to undertake theadditional responsibilities in a leadership role that is vital tothe court’s operation,” said Chief Judge Bell. “She has dis-charged her responsibility as the judge in charge of thefamily division most capably, and I am fully confident thatshe will bring the same leadership and organization to herrole as administrative judge.”

Judge Holland, who graduated from the University ofMaryland School of Law in 1983 and then became anassistant state’s attorney in Baltimore, was named to thecircuit bench in 1997. She has been in charge of the familydivision since 2001, a post now occupied by JudgeAudrey J.S. Carrion. Judge Holland praised JudgeHeller for the positives strides that she made while servingas administrative judge for Baltimore City. Judge Holland’soverall goal will be to continue the tradition of deliveringfair and efficient judicial services to the public in a fiscallychallenged period.

“Many of the challenges have not changed since JudgeHeller took over,” she said. “One of the major challengesis dealing with extremely heavy filing dockets in all our di-visions, but especially in thecriminal docket, which increasesmonthly, without any new judge-ships or additional resources. It willbe my task, in addition to all theother tasks, to keep all our hard-working active and retired judges’morale high during a very difficultworkload period for this Court.”

Judge Holland has been a bigproponent of alternative disputeresolution, noting that cases that areresolved through mediation are

often taken out of the courts—thus easing the civil docket.She plans on emphasizing the increased use of mediation inthe civil and family docket, including plans to introduce me-diation in child support cases. “We are looking always formore appropriate areas for mediation,” she said. Judge Hol-land said she will continue Judge Heller’s crusade to replaceor renovate the City’s twocircuit courthouses—oneover 100 and the otheraround 70 years old—which are both deterioratingrapidly.

“There is a real concernfor the safety and health ofemployees and the publicwho come into these build-ings,” she said. “JudgeHeller started the dialogueand plans for renovating andreplacing the buildings, andmy challenge is to bring thisand other issues to somereasonable finality.”

Judge Heller Served with ExcellenceChief Judge Bell said that Judge Holland is taking over

a circuit court that has seen numerous improvements in re-cent years.

“The Baltimore City Circuit Court and, indeed, the Mary-land Judiciary have been excellently served during JudgeHeller’s tenure,” said Chief Judge Bell. “Her dedicationhas been an inspiration, her expertise most evident, andher effectiveness well-proven time and time again. Despitethe drawbacks, she took on this job and discharged itsresponsibilities superbly. Judge Heller’s new court man-agement initiatives resulted in remarkable progress over thepast four years, and no one could have asked for more.”

Among Judge Heller’s accomplishments:• Creating an annual report to inform the public,

legislators and judges about the status of alldockets.

• Court-ordered mediation in certain civil cases,which a year-long study showed has resulted incases moving through the system more quicklyand economically.Hon. Ellen M. Heller

Hon. Marcella Holland

cont. on p. 11

“One of the majorchallenges is dealing

with an extremelyheavy criminal filing

docket, whichincreases monthly,

without anynew judgeships

or additionalresources.”

-Judge Holland

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The following judges have recently retired from the bench. No new appointmentshave been made as of press time.

Hon. A. Gordon Boone, Jr., District Court for Baltimore CountyHon. John F. Fader, II, Baltimore County Circuit CourtHon. Ellen M. Heller, Baltimore City Circuit CourtHon. John W. Sause, Jr., Queen Anne’s County Circuit CourtHon. Williams D. Simpson, Wicomico County Circuit CourtHon. R. Noel Spence, District Court for Washington CountyHon. Mary A. Stepler, Frederick County Circuit CourtHon. Paul H. Weinstein, Montgomery County Circuit Court

The 110-year-oldAllegany CountyCourthouse isundergoing renovationsto alleviate the crampedconditions. The $1.3million project willcreate additional spacefor the offices of theRegister of Wills, familymaster, child supportmaster and State’sAttorney.

The Clerk’s office willmove into the vacatedspace, enabling it tooffer 10 ELROIworkstations, andprovide work space thatis more clearly definedand designated–makingit easier for AlleganyCounty residents toaccess services. Thenewly renovatedcourthouse annex isnamed in honor of JudgeJames G. Getty for his38 years of judicialservice.

The new PrincessAnne District Courtbuilding in SomersetCounty was completedin June. The 10,800square-foot facility hasone state-of-the-artcourtroom and housesjudges’ chambers,clerks’ offices andDistrict Courtcommissioners’ offices,along with court-relatedagencies.

ImprovingCourthouses Maryland Legal Services

Receives FundsOver $425,000 in undis-

tributed funds from a majorclass action settlement waspresented to the MarylandLegal Services Corporation(MLSC) in September. Thelarge check was the result ofresidual funds from a classaction suit recently settled inthree Maryland countiesagainst three cable TV com-panies. After the process tonotify claimants of the oppor-

tunity to be reimbursed was completed, a large sum of the settlement was leftover. At theagreement of the courts and attorneys for both the plaintiffs and defendants, these fundswere distributed to a number of charities and organizations that provide assistance to low-income families. MLSC was established by the Maryland General Assembly in 1982 toraise funds and make grants to nonprofit organizations for the provision of civil legal assis-tance to low-income persons in Maryland.

The check was presented by Washington attorneys John J. Beins, Seth D. Goldberg andPaul D. Gleiberman and Centreville attorney Connie Kratovil Lavelle. From left to right:Beins, Goldberg, Gleiberman, Kratovil, Chief Judge Bell, Reginald L. Jenkins, F. VernonBoozer, and Robert Rhudy, MLSC executive director.

News from the Bench

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NAWJ Holds Annual Meeting in D.C.Hon. Jean Baron and Hon. M. Brooke Murdock

Some of the Maryland judges attendingthe conference.

The National Association of Women Judges, led by theMaryland Chapter, paraded to Washington, D.C. this monthfor its annual meeting. It was a spectacular meeting, withvisits from the First Lady Laura Bush, the leadership of theDemocratic party and two Supreme Court justices. Thefestivities, which convened at the Mayflower Hotel fromOctober 8 to October 12, attracted over 400 judges fromaround the country and around the world.

Some of the Maryland Chapter members worked tire-lessly to assure a successful conference. Judge KathleenO’Ferrall Friedman (Ret. Baltimore City Circuit Court)headed the educational committee, which organized pre-sentations on a wide variety of pertinent topics, includingthe Patriot Act and international child abduction. Marylandjudges Lynne Battaglia (Court of Appeals), Irma Raker(Court of Appeals), Sally Adkins (Court of Special Ap-peals), Audrey Carrion (Circuit Court for Baltimore City),Mary Beth McCormick (District Court for MontgomeryCounty) and Alice “Gail” Clark (District Court for HowardCounty) made one of the presentations to a full house en-titled, “Monitoring Your Own Bias In the Courtroom”.

Judge Theresa Nolan (Ret., Circuit Court for PrinceGeorge’s County) co-chaired the Social Committee; JudgeSherrie Krauser (Circuit Court for Prince George’s Coun-ty) headed up the Food Committee; and Judge JuliaWeatherly (Circuit Court for PrinceGeorge’s County) hosted the Hospi-tality Suite. Judge Patrice Lewis(District Court for Prince George’sCounty), the President of District 4(Maryland, Virginia and D.C.), servedwith judges Friedman and Nolan onthe Planning Committee.

Another memorable highlight wasthe reception held at the SupremeCourt Building, organized by judgesDiana Motz (U.S. Court of Appealsfor the Fourth Circuit), Ellen Holland-er (Court of Special Appeals), SusanGauvey (U.S. District Court for theDistrict of Maryland), Marcella Hol-land (Circuit Court for Baltimore City)and M. Brooke Murdock (CircuitCourt for Baltimore City). Justice San-dra Day O’Connor and Justice Ruth

Bader Ginsberg joined the gathering and made short pre-sentations.

The conference was frequented by many of the mostpowerful women in Washington, D.C. On the second dayof the conference the First Lady addressed the confereesabout the state of women and children around the worldincluding educational opportunities, particularly in Iraq andAfghanistan. Interestingly, one of the attendees was a judgefrom Iraq who had served in that capacity for 24 years.

The opening address, through the efforts of Congress-man Steny Hoyer and Judge Nolan, was given byCongresswoman Nancy Pelosi, the Democratic leader ofthe House of Representatives, who spoke to the judgesabout the challenges facing the Congress. The 25th Anni-versary Gala was attended by over 1,000 judges andlawyers when the NAWJ honored Justice Ginsburg as its“Honoree of the Year.” The Saturday night Awards Ban-quet was preceded by a silent auction chaired by JudgeBrenda Murray and assisted by Judge Jean Baron (DistrictCourt for Prince George’s County), which raised $30,000to assist judicial program development. Next year’s con-ference is planned for Indianapolis.

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Back in early 2000, Chief Judge Bell met with officers of the Maryland Court Reporters Association (MCRA) to addressconcerns over making and preserving the record in Maryland courts. The record of proceedings in Maryland courts iscaptured in different ways. The District Court of Maryland uses a form of recording, which, if needed, can be transcribed bya transcriber. Circuit courts depend predominantly on stenotype reporters, although some jurisdictions use electrical or videorecording equipment or a combination of reporting techniques.

During the meeting, MCRA shared several concerns with Chief Judge Robert M. Bell including the quality of transcripts,who is certifying the transcript of the proceedings, reliability of equipment, etc. What followed was the formation of the CourtReporters Committee (see below). Subcommittees addressed the means by which to maintain a high level of professionalismamongst those whose job it is to make the official verbatim record of proceedings in court, regardless of methodology, as wellas the individuals who transcribe the record of the proceedings. The committee initiated the process by surveying judges,lawyers and court reporters, and asking for their observations. A final report was submitted to Chief Judge Bell in September.

Uniformity, CertificationAmong the committee’s conclusions was a need for uniformity of transcripts pre-

pared of court proceedings and a need for certification of transcripts by professionalswho meet certain criteria. To this end, the committee report included a draft admin-istrative order setting minimum requirements for court reporting and transcription inMaryland courts. The purpose was to ensure that all transcripts of court proceed-ings could be deemed by all reading them to be true and accurate—whether judges,attorneys or parties in a case. Advising that more and more states have opted forlicensing or certification, the committee recommended certification by the Adminis-trative Office of the Courts (AOC), along with an orientation program. The committeeenvisioned the AOC relying on the credentialing of various associations such as theNational Court Reporters Association or the American Association of ElectronicReporters and Transcribers. The administrative order would not preclude a courtfrom using an individual without such credentials but would require the court toestablish that the individual is qualified to provide court reporting services.

Updated ManualAlso addressed by the committee was updating a manual published and distribut-

ed by the AOC and MCRA in 1982. The goal is to make the manual usable fororientation of new reporters and individuals involved in the transcript process whileproviding a reference resource for experienced court reporters. The draft manualaddresses a host of issues relating to court reporters and the transcription process,including laws relating to court reporting and transcription, preservation of notes,numbering of pages and volumes, and ethical conduct. The committee recognizedthe need for discussion and comment on some of the protocols set forth in themanual, particularly with respect to audio and video recording because of the tech-nological changes. To facilitate comment, the final report, including the manual, isavailable on the Judiciary’s website, www.courts.state.md.us. Finally, the commit-tee recommended establishing a standing committee to afford the AOC with ongoingadvice on court reporting.

Making of the Recordin Maryland Courts

CourtReportersCommittee

Chair:Hon. Maurice W. Baldwin, Jr.

Hon. Patricia L. Mitchell

Nancy F. Banister

Anne Norman Bosse, Esq.

Hon. Joseph I. Cassilly

Patricia Cirasole, RPR

Hon. Sandra K. Dalton

David R. Dawson, RPR

Valerie M. Dawson, RPR, RMR

Arthur A. Delano, Jr., Esq.

Nancy S. Forster, Esq.

Joseph A. Grabowski, RMR

Leslie D. Gradet, Esq.

Diana Kukk, RPR

Sherry L. Meredith, RPR, RMR

Shirley Powell, RPR

Jeffrey L. Ward, Esq.

Staff:Elizabeth Buckler Veronis, Esq.

Valerie Dawson

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MACRO is the Focus atScottish Mediation Conference

As keynote speaker at the first-ever Scottishmediation conference, Chief Judge Robert M. Belldiscussed Maryland’s expanding use of mediationand MACRO (Maryland Mediation and ConflictResolution Office). Organized by the ScottishMediation Network and sponsored by the RoyalBank of Scotland, the conference offered day-longconversations about using mediation in commercial,community, court, education, environment, familyand government settings. Watch for the upcomingissue of MACROSCOPE for more details:www.courts.state.md.us/macro/index.html

Chief Clerk of District Court, cont. from p. 2Platt, the fourth Chief Clerk of the District Court, has witnessed, and is in many ways

responsible for, the transformation of the court from the early days of manual typewriters andstenograph machines to digital recordings, computerized systems and electronic data files. Inher seven years as Chief Clerk and 12 years as administrative clerk for Prince George’sCounty, she earned a reputation as a goal setter and as a “plan-for-tomorrow administrator.”

“There seems to be universal agreement concerning Patti’s most cherished contribution tothe District Court,” said Chief Judge Vaughan. “Patti never settled for “what is,” she pursued“what could be.”

One of Platt’s many significant accomplishments as Chief Clerk was to assist then ChiefJudge Martha Rasin in submitting legislation in early 1998 that moved District Court employ-ees from the State Personnel System to the Judiciary Personnel System. This change allowedher to promote an “equal pay for equal work” concept for all judiciary employees. Plattinstituted many of the computerized changes in courtroom operations and in the way thatinformation is processed from the first filing with a clerk to the final disposition in the system. Projects, such aselectronic filing of complaints and electronic payment of fines, continue to influence how the court conducts its busi-ness long into the future. “Patti’s can-do attitude will remain part of the District Court’s culture,” said Chief JudgeVaughan. “She knew how to push the organization forward, and how to encourage people to believe not only in thefuture of the organization, but in themselves.”

L-R: Rachel Wohl, MACRO Executive Director;Lou Gieszl, MACRO Deputy Executive Director;Hugh Henry, Member of Scottish Parliament (MSP);Ewan Malcolm, Scottish Mediation Network’sMediation Development Officer; Chief Judge Bell.

Patti Platt

photo courtesy of MACRO

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L-R: Senator Joan Carter Conaway,Baltimore City Circuit Court JudgeMarcella A. Holland

L-R sitting: Mr. Isaac Marks, Prince George’s CountyCircuit Court Judge Sheila Tillerson Adams. Standing:Clerk Wanessa Bell, Clerk Darlene Holland, BalifffJohn Batchlor, Sheriff Mark Roccapriore

Delegate Sally Jameson, Asst. State’sAttorney Hammad Matin, CharlesCounty Chamber of CommercePresident Harry Shasho

Delegate Anne R. Kaiser, Delegate Nancy J.King, Montgomery County District Court JudgeBrian G. Kim, Montgomery County CircuitCourt Judge John W. Debelius, III

Legislators Ride-Along, cont. from p. 1

of the Charles County Chamber of Commerce. It was valuable “to hear judges’ perspectives, why they sentence theway they do, [and] to see how legislation affects the court system,” said Delegate Nancy R. Stocksdale (R.-5).

Whereas, the program gave participants the opportunity to gain firsthand experience with their local trial courts,judges and court administrators benefited from the insight and perceptions they received from attendees.

“We are all feeling very good about what was accomplished on that day—letting legislators, local government andcommunity leaders become aware of what goes on in their courthouse and the benefits that are provided,” saidJudge Steven G. Chappelle, Charles County Circuit Court. “It helps further the spirit of cooperation.”

The Ride-Along Program was created in 1996 to strengthen the understanding of issues facing the court systemand to provide participants with the opportunity to ask questions and share their concerns about the court process.Circuit and District administrative judges worked together to create a daylong agenda that included meeting with oneor more judges and other justice system personnel, observing a variety of court cases and court operations, and dis-cussing the court process and court-related issues in an informal setting.

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“It’s a very valuable program, especially with more and moremembers of the legislature being non-lawyers who may not havemuch exposure with the courts.”

Judge Raymond E. Beck, Sr., Carroll County Circuit Courtand Chair of the Judicial Ride Along Committee

“I found interaction with the members of the bench most valuable.”Delegate Kathleen M. Dumais (D.-15)

“This is a good opportunity to hear the concerns that the judgeshave, and have them indicate to us ways that we can help them;how we can make more intelligent decisions in the legislature aboutthe needs of the judiciary.”

Senator Nathaniel J. McFadden (D.-45)

“It was especially valuable to those legislators who were notexperienced in the court setting. They were amazed at theworkload and efficiency that our courts’ handle.”

Judge Frederick C. Wright, III,Circuit Court for Washington County

“You get to see the distinction between courts.”Delegate Warren E. Miller (R.-9)

“It’s very informative and interesting, and it’s a way to get to knowthe specifics of the role the judges play, and what they actually do.”

Senator Joan Carter Conway (D.-43)

“You see the intricacies of the machinery of the judiciary in motion.”Westminster Mayor Kevin Dayhoff

L-R: Prince George’s CountyCouncilman David Harrington,Prince George’s County Circuit CourtJudge Herman Dawson

L-R: Jim Lee, Editor, Carroll CountyTimes; Kevin Dayhoff, Mayor ofWestminster

L-R: Councilman David Rakes, Tiffany Taliaferro(Special Asst to Rakes), Rose Laverghetta (Legis-lative Aide to Del. Miller), Delegate Warren Miller,Howard County District Court Judge Neil Axel

L-R: Baltimore Councilman NicholasD’Adamo, Chief Judge Bell, Balti-more City Circuit Court Judge (Ret.)Richard Rombro, Delegate AnnMarie Doory

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Occasionally in Maryland counties, judges and the Clerk of Court can have differencesover how legal matters are handled in a county, but rarely do they become so heated that aClerk ends up in jail. Back in 1765, however, a dispute in Frederick County with nationalramifications led the judges of that court to jail their Clerk, John Darnell, for contempt.

Darnell’s jailing had its origins in the enactment of the infamous Stamp Act by the Britishparliament. The Act targeted legal transactions in the Colonies such as deeds, mortgages,liquor licenses and other routine legal documents, and required a tax to be paid on eachsuch transaction. The funds raised were to pay for the support of British troops in America.

The Act was instantly unpopular in the Colonies as another example of oppressive taxa-tion without representation. In September 1765, when the Crown designated an Annapolismerchant, Zachariah Hood, to distribute the stamps in Maryland and collect the tax, hishouse was besieged by a mob and destroyed, and he was hung in effigy. Hood was barelyable to escape by boat to New York.

Civil DisobedienceThe mob action, having prevented the tax stamps from being distributed, drew questions

about whether legal transactions could proceed in the Maryland counties without the re-quired stamps. When the Frederick County Court convened that November, Darnell, beingaware of the requirements of the Stamp Act, refused to issue any process or perform any

official act which required the stamps. The 12 judges of the Frederick CountyCourt ordered Darnell to proceed to conduct legal business without the stamps.When he refused, he was found in contempt and jailed on November 18, 1765.Apparently, a single night in jail had the desired coercive effect and Darnell wasreleased the following day.

Shortly thereafter, on November 23, 1765, the 12 judges issued a “unani-mous Resolution and Opinion” enjoining and ordering “all Sheriffs, Clerks,Counsellors, Attorneys and all officers of the Court” to transact business withoutthe stamps. The judges relied on both a technical argument—namely, that in theirview, there had not been an appropriate “legal publication” made of the StampAct—as well as the practical argument that the stamps had not in fact arrived inFrederick County, and they concluded that it would be an act of “the most wan-ton Oppression to Deprive any person of a Legal Remedy” for failure to have astamp upon the document of the transaction.

The judges’ declaration, viewed as the first act in the colonies of the judiciaryopenly defying the Crown and asserting judicial independence, was widely pub-lished and became a celebrated event. The date of its issuance, November 23,

1765, became known as Repudiation Day, and is still celebrated in Frederick County. Aplaque at the entrance of the Frederick County Courthouse building commemorates “thetwelve immortal justices” of the Frederick County Court for their patriotic act of defiance.

No mention is made of Darnell.

November 23

Repudiation Day

Clerk Sandy Dalton, here in frontof the plaque, holding the originalBook of Court minutes from 1765

Photo by Lynda Byrd

FrederickJudges

DefyKing

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Awards and RecognitionsCongratulations to:

Administrative Judge for Baltimore City Circuit Court Marcella A. Holland, who receivedthe 11th annual Rosalyn B. Bell Award from the Women’s Law Center of Maryland, Inc.The award recognizes outstanding contributions to the field of family law.Judge Donald C. Davis, for his appointment as County Administrative Judge for theCircuit Court for Wicomico County.Montgomery County Administrative Judge Ann M. Harrington, who was honored forher achievements by the Montgomery Women’s Bar Foundation. The foundation, an ad-junct of the county’s chapter of the Women’s Bar Association of Maryland, focuses exclusivelyon education, charitable and community projects.Prince George’s County Circuit Court Judge Steven L. Platt, who received an ‘Innovatorof the Year’ award for 2003 from The Daily Record.Court of Special Appeals Judge Joseph F. Murphy, Jr. for receiving the top Daily Record’s2003 Leadership in Law Award. Other judges honored for being sucessful in improving thelegal profession, committed to the communities where they live and work, and acting asmentors: Karen H. Abrams (St. Mary’s County Circuit Court); Lynne A. Battaglia(Court of Appeals); Marielsa A. Bernard (Montgomery County Circuit Court); JamesA. Kenney III (Court of Special Appeals); C. Philip Nichols Jr. (Prince George’s CountyCircuit Court); Richard H. Sothoron Jr. (Prince George’s County Circuit Court).Pamela Q. Harris, Court Administrator for Montgomery County Circuit Court, who wasappointed president-elect for the Mid-Atlantic Association for Court Management(MAACM).The District Court. MAACM presented the John Neufeld Court Achievement Award tothe District Court in recognition of its “Excellence in Public Service Initiative,” a state-wideprogram designed to improve citizens’ access to and understanding about the District Courtthrough public information materials and enhanced employee service skills.

Baltimore City Circuit Court, cont. from p. 3

• Strictly enforcing judiciary rules that require cases to move forward on a timely basis or risk dismissal: 95percent of civil cases are now resolved within the case time standards.

• Improving management of asbestos cases with a pilot e-filing program to reduce the backlog of cases.• Implementing the state’s first business and technology program.• Creating a differentiated case management system—cases are assigned to different tracks based on the

seriousness of the charges and complexity of the case.• Greater efficiency in handling the criminal docket.• Modernizing the jury process and improving juror facilities. Creating an informative web page that includes

emergency notices and juror news.

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Business/Technology Program,Drug Court Commission Go Online

Two new websites from the Maryland Judiciary arenow up and running. This fall, Maryland became the firststate to implement its Business and Technology CaseManagement Program (BTCMP). The BTCMP web-site http://www.courts.state.md.us/businesstech/index.html is also operational, and includes a numberof useful tools for judges, lawyers and litigants. One land-mark feature is the posting of opinions by designatedjudges. According to Steven L. Platt, Circuit CourtJudge for Prince George’s County and Chair of the Busi-ness and Technology Case Management Program andImplementation Committee, posting opinions serves asa valuable tool for judges, lawyers and business lead-ers—who are all looking for predictability in business/technology cases.

“Posting opinions allows judges and lawyers to lookat, review and discuss these complex cases in an effortto make them more predictable,” said Judge Platt. “Themore predictable a case is, the more likely it will getsettled quickly.”

A description of the program, along with final reportsfrom the Maryland Business and Technology Task Forceand subsequent Implementation Committee, is also avail-able on the website. In addition, web users can find linksto MD Rule 16-205, which created the program, andto business/technology programs being implemented inother states.

The Drug Treatment Court Commission of Maryland(DTCCM) recently unveiled its website, athttp://www.courts.state.md.us/dtcc/index.html.The DTCCM website provides information on the Com-mission, including member list, vision and goals; a mapof Maryland adult and juvenile drug courts either oper-ational or in planning; educational assistance for planning,training and operating a drug court; training opportuni-ties; and internet resource links.

“This will be a one-stop shop for information on Mary-land’s drug courts,” said Gray Barton, DTCCM executivedirector. “Drug court activity in Maryland is on the rise,and with 14 programs currently in the planning stages,the website will act as a great resource.”

“Posting opinions allowsjudges and lawyers tolook at, review anddiscuss these complexcases in an effortto make them morepredictable. The morepredictable a case is, themore likely it will getsettled quickly.”

-Judge Steven L. Platt

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Circuit Court Judge Marielsa Bernard has held two verysuccessful public forums in Montgomery County. Focusedon issues related to domestic violence, the forums also gavethe more than 500 attendees the opportunity to meet judgesand ask questions about the court system.

Judge Bernard, who is planning on holding a third publicforum in the near future, has been asked to create a generalguideline for setting up similar public forums in other coun-ties. Below is the second installment of her interview.

JM: What did you do differently for the second publicforum, held at Gaithersburg H.S.?

MB: At the end of the first forum, we asked partici-pants for suggestions for a future forum. Many attendeeswanted more information about immigration issues, so for

the second forum we increased thepresence of immigration providersand literature. I also got the coun-ty schools superintendent to signoff on giving students communityservice credit hours if they attend-ed, then did the same for theDepartment of Juvenile Servicesand Parole and Probation. Also,at the first forum, we asked at-tendees to write down questionsfor the judges, which was time

consuming. For the second forum, we wrote down somepopular questions ahead of time, so the judges couldstart answering them while the audience was writingdown new questions.

JM: To what do you attribute the large turnouts?MB: A lot of hard work and dedication from a lot of

people. We started planning about three months in advance,sending out ‘Save the Date’ emails and putting up noticesin grocery stores, libraries, churches, etc. On the week-ends I even went to restaurants and left flyers. I also had alot of help getting the Asian, Muslim and other communi-ties involved. It’s important to utilize the media. The powerof radio is very important, especially with immigrant com-munities. It’s also important to promote the event in therespective community newspapers, and newspapers of dif-ferent languages. But most important I think was thepersonal contact right down to the end. The night beforethe forum I was calling my contacts making sure that theywere bringing people and publicizing the event.

JM: Can other jurisdictions have equal success?MB: Yes, but you have to invest a lot of time and ef-

fort. I think the publicity is important, but not as importantas the community contacts. A forum is not going to be suc-cessful unless you develop linkages within the community.For example, I didn’t have many contacts for the secondforum to handle immigration issues. I asked around, andone woman who was at the first forum knew someone atthe Johns Hopkins Immigrant Protection Project. Linkag-es. We have valuable resources in our county and aroundthe state that we might not know even exist.

I think the event itself works well, with the introduction,skit, and question and answer period. The skit keeps theirinterest and gets them more involved than just sitting andlistening to people talk on and on. I should also point outthat these forums are done on a shoestring. Really, the onlymoney spent was on printing the flyers and programs, whichwas done in-house. The Court Information Office provid-ed a lot of court-related materials, and all the groups,interpreters and organizations were volunteers.

JM: Why are these public forums important?MB: I truly believe that there is a strong desire to know

more about what’s going on in the courts, and how to uti-lize the legal system. I think many people are intimidatedabout the court system. The public forums put a face onthe courts, which hopefully makes residents feel more com-fortable with our judicial system.

Orchestrating a Successful Public ForumQ&A with Judge Marielsa Bernard

captioncaption

Forum participants Officer Luis Hurtado, Rebec-ca Nitkin, Esq., Alexandra Douglas portray adomestic violence situation.

Judge Bernard

14

Courts Log-on toE-filing Projects

Electronic or e-filing is a simple concept, with dramatic ramificationsfor the courts. E-filing uses the Internet as the vehicle to send courtdocuments, pleadings, motions and other papers between an outsidelocation and the court. The process eliminates paper filing of docu-ments, reduces the storage space needed for documents and ultimatelyprovides better and more timely access to court documents for every-one. With e-filing, litigants can file for an action from the convenienceof their office or home.

In 2001, Baltimore City Circuit Court launched an e-filing projectfor processing asbestos litigation. During the two-year pilot, more than80,000 documents were filed, resulting in 1.5 million documents servedbetween the parties. Building upon this successful model, the DistrictCourt will begin implementing a pilot involving the filing of pleadingsand papers in landlord/tenant cases in Prince George’s County.

“In selecting the landlord/tenant pilot, we needed a process that wasrelatively simple and straightforward,” said Patti Platt, Chief Clerk ofthe District Court. “Prince George’s County provided a situation wherewe could compare in very concrete terms the benefits and challengesof converting a manual system to an electronic one.”

The District Court expects to implement the pilot in Prince George’sCounty in the summer of 2004.

The Maryland Judiciary recentlyreleased its 2002-2003 AnnualReport, which highlights positiveaccomplishments, initiatives andactivities that were undertaken thepast fiscal year. The report reflectson efforts made the past year by theJudicial Council and JudicialCabinet, specifically towards case/time standards and meeting thestate’s new fiscal demands.

The report also covers thegrowth in new technologies beingutilized throughout the court system,and provides features on the newBusiness and Technology CaseManagement program, theexpansion of drug courts, familyprograms and services, EarlyResolution Court, outreach effortsand new District courthouses.The accompaniment to theAnnual Report, the 2002-2003Statistical Abstract, will be availableearly 2004.

2002-2003Annual ReportHot off the Presses

Bail Bond Systemunder Review, cont. from p. 1

statutes and court rules. Now that the audit is complete and the problemsare identified, we are ready to take corrective action.”

District Court Chief Judge James N. Vaughan and Conference of CircuitJudges Chair Daniel M. Long (Circuit Court for Somerset County) will serveas chair and vice chair for the task force. Membership will reflect the diverseparties involved in the bail system, including judges and clerks of both trialcourts, District Court commissioners, and representatives of the AttorneyGeneral of Maryland, the Maryland Bar, the Maryland Association of Coun-ties, the Maryland Bail Bond Association, the Maryland InsuranceAdministration, the Maryland Public Defender, and the Maryland State’s At-torneys Association. An organizational meeting has been tentatively scheduledfor December 17.

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15

Justice Matters continues its series that explores county courthouses in search oflost, valuable or historic treasures. From a British cannon used during the War of1812, to a set of bird prints worth millions of dollars, the Justice Matters explora-tion team digs deep to unearth a wealth of history in our residences of justice. If youthink your courthouse has such a treasure, email the Court Information Office atcio@courts.state.md.us.

Maryland State Law Library(Courts of Appeal Building), Annapolis

The State Law Library has acquired a number of valuable treasures since it wasestablished in 1827, from rare books dating back from the 16th century, to thestate’s official set of state bird plates completed in the late 1970s. Perhaps thegreatest treasure, however, is the John James Audubon Birds of America prints.

This set of huge bird paintings, called ‘elephant prints’ due to their size, waspurchased by the General Assembly in 1834 at the urging of the first state lawlibrarian. The 435 prints of North American Birds, bound into four volumes, werecreated by the premiere naturalist Audubon and sold for a ‘steep’ $2,000. Only 100sets were made. Today, the Maryland State Law Library owns one of the fewremaining sets, valued in the millions of dollars.

Washington County Courthouse, HagerstownFor 100 years, a statue portraying the Maryland State Seal sat in an alcove as

part of this enormous mid-Victorian courthouse. The origins of the statue—whichdepicts a ploughman and fisherman holding the Calvert shield, with a large eagle,wings spread, perched atop the shield—was unknown, as was the exact periodthat it was placed atop the courthouse.

Over the years the statue, widely speculated to have been donated when thecourthouse was built between 1874 and 1878, was tarnished by harsh weather,pigeon dung and even bullet holes placed by a former sheriff’s deputy who wasresponsible for ridding the statue of pigeons.

In the late 1970s, county commissioners sought to restore the statue. Theyhired an artist who took infrared photographs of the statue in an effort to locatea date. The artist found much more than a date; he discovered that underneaththe many coats of paint was a rare zinc metal casting, not painted wood. Thevaluable treasure was quickly taken indoors and has since been placed in a specialviewing case inside the courthouse.“Statue to get indoor home” The Baltimore Sun, 11/15/78.

Courthouse Treasures

Special thanks to these contributors to this issue:

Judge Jean Baron, Judge Marielsa Bernard, Judge M. Brooke Murdock,Ken Brown, Ramona Buck, Sandy Dalton, Valerie Dawson,

Mike Miller, Diane Pawlowicz, Robert Rhudy, Dennis Weaver

January

3 Maryland Trial Advocacy Institute (MICPEL)26 Conference of Circuit Judges27 Conference of Circuit Clerks30 District Court Administrative Judges Committee

Court Information OfficeRobert C. Murphy Courts of Appeal Building

361 Rowe Blvd.Annapolis, Maryland 21401

www.courts.state.md.us

upcoming